General Terms and Conditions of Sale
PREAMBLE
All the commercial actions of the company TINYGLOO are subjected to the present general conditions of sale (hereafter called the “GCS”), which express the entirety of the obligations agreed between the parts. The purpose of these GTC is to define the conditions under which TINYGLOO sells, via the website https://tinygloo.com (hereinafter referred to as the “Site”), in particular igloo structures and accessories: spare parts, canvas, tarpaulins (hereinafter referred to as the “Products”), to consumers or professionals (hereinafter referred to as the “Customer”). The list and description of the goods offered by TINYGLOO can be consulted on the above-mentioned site. As such, TINYGLOO is a duly declared and registered professional.
Article 1 – Acceptance of the GTC
Any purchase or sale of Products via the Site implies, on the part of the Customer, an acceptance without reserve of the GTC. The GTC prevail over any general conditions applied by the professional Customer. They can be consulted at any time on the Site and are communicated on first request. Any stipulation derogating from the present GTC must be confirmed in writing by TINYGLOO to be applicable. The Customer formalizes his acceptance of these GTC by entering the personal data required by the Site when purchasing a Product.
The order confirmation made by the Customer constitutes the electronic signature of these GTC. TINYGLOO reserves the right to modify at any time and without prior notice the present GTC, these modifications being then applicable to all subsequent orders. The Customer declares that he has full legal capacity to commit himself under these GTC. Finally, the Customer declares, for the purposes of proper receipt of the order, that the place of delivery has a road allowing access to a heavy goods vehicle.
Article 2 – Products
The essential characteristics of the goods and their prices are available for consultation by the Customer on the Site. TINYGLOO only sells Products that comply with the French regulations in force. TINYGLOO cannot be held responsible for minor errors that may affect the description of the Products. The Products comply with the European standards in force and TINYGLOO shall not be held liable for any use of the Product that does not comply with the said standards or that does not comply with its intended purpose. The illustrations or photos of the Products have no contractual value.
The Customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information concerning the identity of TINYGLOO, its postal, telephone and electronic contact details, and its activities in the context of the present sale. TINYGLOO undertakes to honour the Customer’s order within the limits of available stocks of Products or raw materials only. In this case, TINYGLOO shall inform the Customer, and in the absence of agreement with the Customer on a new delivery date, TINYGLOO shall reimburse the Customer.
Article 3 – Orders
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to formalize an order by electronic means:
Information on the essential characteristics of the Product;
Choice of the Product;
Indication of the Customer’s contact details;
Acceptance of the GTC;
Verification of the elements of the order (double click formality) and, if necessary, correction of errors.
The archiving of the information relating to the order, as well as the invoices, is carried out on a reliable and durable support so as to constitute a faithful copy which can be produced as proof of the contract binding TINYGLOO to the Customer. In order to properly complete the order, the Customer undertakes to provide truthful identification information.
When ordering, the Customer may follow an account creation procedure, which implies that the delivery address must be filled in accurately. The validation of the payment method formalizes the sale of the Product(s) between the Customer and TINYGLOO. The Customer is immediately informed by the sending of an e-mail confirming the order. TINYGLOO reserves the right to freeze an order until the resolution of any problem likely to affect the Customer (erroneous address, awaiting payment, non-payment etc.).
Any order is deemed firm and, subject to the provisions of these GTC, may only be cancelled with the express consent of TINYGLOO and under conditions that will compensate it for any prejudice caused by this cancellation.
Article 4 – Delivery of orders
Delivery times are given as an indication but will not exceed 30 days, failing which the Customer may, if he/she is a consumer, in compliance with the provisions of article L.216-1 and following of the Consumer Code, not proceed with the sale and be reimbursed the total amount paid, without being able to demand a reduction in the price or any compensation. Any risk of loss or damage to the Products is transferred to the Customer at the time when the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the Products. For all practical purposes, it is specified that TINYGLOO retains full ownership of the Products delivered until full payment of the invoiced price has been received.
The geographical area of delivery includes the countries of the European Union.
For the delivery of the Products, the shipping costs are directly calculated at the time of the validation of the order. Delivery is made by a specialised carrier, by appointment. When validating the order, the Customer may also choose to collect the Products directly from TINYGLOO’s headquarters.
In case of refusal of the package or in case of inability to deliver the Customer’s order due to lack of a complete address and in the case of a return package, the delivery charge applied to the order will be deducted from the refund regardless of the reason for the refusal and even if the delivery was offered, the amount of the delivery will be deducted from the refund.
At the time of delivery, the Customer is required to check the condition of the Products in the presence of the carrier. In the event of difficulties, the Customer must expressly and exhaustively mention the reservations that affect the delivery. The Customer is also obliged to present these reservations to the carrier by registered letter with acknowledgement of receipt, sent within a maximum of 48 hours from the date of delivery. If this procedure is not followed, the Products received shall be deemed to be in conformity. Any claim regarding apparent defects or non-conformity of the Products must be explicitly transmitted to TINYGLOO with the order number within 48 hours of receipt, accompanied by a photograph of the Product in question. The material, object or Product cannot be taken back without the express agreement of TINYGLOO. Any item returned damaged or not returned in its original packaging, not falling under the above conditions, shall not be eligible for a refund.
Article 5 – Price, billing and payment
Payment is made immediately upon ordering, by credit card, via a secure payment area provided by the provider “WooCommerce”. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes TINYGLOO to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the sale is immediately cancelled by right and the order cancelled. The Customer is informed that TINYGLOO does not have access to any confidential information relating to the means of payment, the process being handled by a third party financial institution.
The payment can also be made by bank transfer, by informing at least the number of invoice in object. The bank details of the account to which the transfer is to be made are indicated on the Site and on the invoice after validation of the order. The Customer is informed that the order will only be processed once payment has been received.
The prices of the Products are indicated in euros, including all taxes and excluding specific shipping costs. The prices indicated include, where applicable, the environmental contribution for the recycling of electrical and electronic appliances (Eco-contribution “WEEE”) and the eco-contribution for the recovery of waste furniture (Eco-contribution “WEEE”). TINYGLOO reserves the right to modify the prices of the Products at any time in the future. The sale prices are those indicated at the time of the validation of the order by the Customer.
After placing the order, the Customer has access to the invoice:
By means of a confirmation e-mail;
Through his personal space on the Site, allowing him to consult the history of orders;
By means of a paper document given during delivery.
In case of unpaid invoices attributable to the Customer, TINYGLOO is entitled to apply the penalties provided for in Article L.441-10 of the Commercial Code and to claim an indemnity for collection costs of 40.00 euros per invoice.
Article 6 – Right of withdrawal of the consumer Customer
The consumer Customer has the right to withdraw from the contract without giving any reason, within a period of fourteen days. The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods. To exercise his right of withdrawal, the Customer must first and within the period indicated above, send by mail or e-mail to TINYGLOO the withdrawal form or any other unambiguous statement expressing his wish to withdraw. TINYGLOO will inform the Customer, by e-mail, of the acceptance or not of the withdrawal. In case of acceptance, the return of the Product must be made at the expense of the Customer within a period of fourteen days from the day the Customer has expressed his intention to withdraw. Once the Product has been received by TINYGLOO, the refund will be made as soon as possible, by the same means of payment used by the Customer to pay for the purchase. TINYGLOO reserves the right to defer the refund until the effective recovery of the Product.
In accordance with article L.221-28 of the French Consumer Code, Products made to the specifications of the consumer Customer or clearly personalized are excluded from the right of withdrawal. Any Product returned damaged or not returned in its original packaging cannot be reimbursed. An allowance for depreciation will be invoiced to the Customer if the goods have been handled in a manner other than that required by the nature and characteristics of the Product.
Article 7 – Guarantees
TINYGLOO assumes the legal guarantees relating to hidden defects and the conformity of the Products, allowing the Customer to return defective or non-conforming Products, in accordance with Articles L.217-4 et seq. of the Consumer Code and Articles 1641 et seq. of the Civil Code. The Customer therefore has a period of two years from the delivery of the goods to act. The Customer may opt for the repair or replacement of the good in case of non-conformity of the Product, and for the reduction of the price or the cancellation of the sale in case of hidden defect affecting the Product.
Furthermore, TINYGLOO cannot be held responsible for any malfunction of the Site.
Article 8 – Intellectual Property
The trademarks, domain names, software, images, videos, texts or more generally any information subject to intellectual property rights, published by TINYGLOO on the Site or any other support, are and remain the exclusive property of TINYGLOO. No transfer of intellectual property rights is made through the acceptance of these GTC. Any total or partial reproduction, modification or use of these goods, for any reason whatsoever, is strictly prohibited.
Article 9 – Confidentiality and security – Cookies
TINYGLOO implements all means to ensure the confidentiality and security of data transmitted on the web. For this purpose, the Site uses a secure payment module type “SSL” (Secure Socket Layer), as well as a secure payment interface. Furthermore, the Customer is informed that the Site is hosted by “o2switch”.
When the Customer consults the Site, browsing information may be recorded in a so-called “cookie” file. A cookie is a small computer file. It is used to analyse the behaviour of users when visiting a website, to optimise browsing, in particular by determining the browser used, and to identify the user when he/she connects, in particular in order to find out which pages have already been consulted on the Website. Any use of cookies on the Site is subject to the Customer’s prior and express authorisation, which is valid for 13 months and which the Customer may modify at any time. The Customer is informed that the use of cookies leads to the collection of statistical data, but does not lead to the collection of personal data.
Article 10 – Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, TINYGLOO implements the processing of personal data for the purpose of selling and delivering Products.
TINYGLOO may collect personal data relating to the Customer or to persons acting on behalf of the Customer. The latter is informed of the following elements:
The person responsible for processing the data is Mr. Jeroen Schuyleman;
The purpose of the data processing is the execution of the Customer’s order, as well as the keeping of statistics and the implementation of commercial offers by e-mail;
The recipients of the personal data are the data controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations, as well as any authority legally authorised to access the personal data in question;
The Customer is informed that no transfer of personal data outside the European Union is planned;
Personal data is only kept for a period of three years;
The data subject has the right to request from the controller access to personal data, rectification or erasure of personal data, or a restriction of the processing relating to the data subject, the right to object to the processing and the right to data portability;
The data subject has the right to lodge a complaint with the National Commission for Information Technology and Civil Liberties;
The information requested at the time of the order is necessary for the establishment of the invoice and the delivery of the ordered goods, without which the order cannot be validated. No automated decision or profiling is implemented through the ordering process.
It is the Customer’s responsibility to take all appropriate measures to protect its own data and/or software from contamination by any viruses circulating on the Internet. TINYGLOO shall not be held responsible for any direct or indirect damage, including any loss or damage that may arise from the use of or inability to access the Site, as a result of the Customer’s faulty use.
Article 11 – Duration
These GTC apply for the entire duration of the Products’ online availability or consultation.
Article 12 – Force majeure
TINYGLOO shall not be held liable if the execution of the contract is delayed or prevented due to a case of force majeure or an act of God, due to the Customer or a third party or due to external causes such as social conflicts, the intervention of civil or military authorities, natural disasters, epidemics, fires, water damage, the interruption of a telecommunication network or of the electrical network, in particular due to a computer hacking.
Article 13 – Independence
Each of the stipulations of the GTC is independent. As a result, if one of the stipulations of the present GTC is cancelled, this nullity will not lead to the nullity of the other stipulations which will remain in force between TINYGLOO and the Customer.
Article 14 – Tolerance
Any tolerance on the part of TINYGLOO concerning the application of the GTC, regardless of its frequency and duration, shall never be considered as a modification or a waiver of the said GTC.
Article 15 – Applicable law and jurisdiction
The GTC and the contractual relations between the Customer and TINYGLOO are exclusively subject to French law.
In the event of a dispute arising between TINYGLOO and the consumer Customer, any dispute or contestation to which the present GTC or an order could give rise, whether on their acceptance, validity, interpretation, execution or termination, shall be subject to the exclusive jurisdiction of the courts designated by the Consumer Code.
In the event of a dispute arising between TINYGLOO and the professional Customer, any dispute or contestation to which the present GTC or an order could give rise, as much on their acceptance, their validity, their interpretation, their execution or their cancellation, will be subjected to the exclusive competence of the jurisdictions of the city of Romans-sur-Isère and this even in the event of appeal in guarantee, of plurality of defendants or of introduction of a procedure in summary procedure or on request.
Finally, in accordance with the provisions of articles L.611-1 et seq. of the French Consumer Code, the consumer Customer is informed that he/she may have recourse to a consumer mediator under the conditions laid down by law. Furthermore, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer is informed that the electronic link to the online dispute resolution platform is as follows.
Done in Hauterives, on 14/09/2021
2021 – Tinygloo, all rights reserved.